Combs v. Southgate – Case No. 34-2009-00060253 – Motions in Limine – Tentative Rulings

Plaintiff's Motions in Limine

1. Motion to Exclude Expert Opinions

A. Plaintiff's motion to exclude defendant's employees and experts from offering expert testimony is granted.

Plaintiff seeks to preclude defendant's employees and agents from offering expert opinion, because defendant did not disclose them as expert witnesses during the exchange of expert witness declarations.

Defendant contends the witnesses are percipient experts, so it had no need to include the employees on an expert witness list.

The contention lacks merit.

Code of Civil Procedure section 2034.210 (a) provides that any party may demand a simultaneous exchange by all parties of a list containing the name and address of any natural person, including one who is a party, whose oral or deposition testimony in the form of an expert opinion any party expects to offer in evidence at the trial.

In addition, if any expert des